Adding to the overtime lawsuits dotting California's legal landscape, EB Games - also known as Gamespot - is now on the radar. It seems that LA county managers at the video game retailer may not have been paid the overtime due them under California law.
Managers and assistant managers are often entitled to overtime pay. If you don't earn at least twice the minimum wage, your employer may have to pay you overtime. Or if you do a lot of the same work as hourly employees, you may be owed overtime pay.
Some employers try to claim that management employees aren't entitled to overtime pay. But employers don't decide who is entitled to overtime - the law decides. Both federal and California laws define "manager" and "salaried employee." If your duties don't meet the strict legal definitions, you may be entitled to overtime pay.
California Overtime Laws
California sets a higher standard than the federal government, and has some of the most stringent worker protection laws in the country. While federal law still applies, California law adds more:
• If you work more than 12 hours a day, you get paid twice your regular rate. For example, if you regularly get $10.00 an hour, you would get paid $10.00 for the first eight hours, then $15.00 an hour for work over eight hours (the next four hours) then $20.00 an hour for anything over 12 hours.
• If you work more than six days in a row, California law requires your employer to pay your hourly wage, plus 50 percent for overtime.
Multiple allegations, class action suits pending
Allegations of overtime pay abuse have been raised against companies like Home Depot, Lowes, RadioShack, Best Buy, Circuit City, Target, Walgreens, Sams Club and Starbucks, to name a few.
With so many employers facing legal action, it raises a simple question: When will companies learn to obey the law or face paying out huge dollars?